An attempted murder sentence in Texas is normally 2 to 20 years in prison with a fine of up to $10,000, because the offense is classified as a second-degree felony. When the intended victim was a peace officer, firefighter, child under ten, or another person protected under the capital murder statute, the charge rises to a first-degree felony and the sentence range jumps to 5 to 99 years or life. The actual number a judge or jury picks within those ranges depends on the weapon used, the planning behind the attack, the victim’s injuries, and the defendant’s record.
The Standard Sentence
Murder is a first-degree felony under Penal Code Section 19.02.1State of Texas. Texas Penal Code 19.02 – Murder Because the criminal attempt statute drops the completed offense by one felony category, an attempt lands as a second-degree felony.2State of Texas. Texas Penal Code 15.01 – Criminal Attempt
A second-degree felony in Texas carries:
- 2 to 20 years in state prison
- An optional fine of up to $10,0003State of Texas. Texas Penal Code Chapter 12 – Punishments
Where a defendant lands inside that range depends on the specific facts of the case: how close the attempt came to succeeding, the defendant’s criminal history, whether a weapon was used, and the level of injury inflicted. Judges and juries have broad discretion within the statutory range.
When the Sentence Jumps to 5 to 99 Years
Some attempted killings are charged as attempted capital murder instead. Capital murder under Penal Code Section 19.03 covers killings of peace officers, firefighters, and other protected individuals acting in the line of duty, killings during kidnappings, robberies, and other specified felonies, and killings of children under ten. The same one-category reduction applies to the attempt, so the charge drops from a capital felony to a first-degree felony rather than from first to second.
A first-degree felony carries 5 to 99 years or life, plus a possible fine of up to $10,000.3State of Texas. Texas Penal Code Chapter 12 – Punishments The practical consequence is severe. The minimum jumps from 2 years to 5 years, and the maximum goes from 20 years to life.
What Pushes a Sentence Toward the High End
Even inside the standard second-degree range, several facts routinely drive sentences upward at the punishment phase:
- Use of a firearm or explosive, especially one possessed illegally
- Evidence of planning, such as stalking the victim, acquiring specialized tools, or researching methods
- Multiple victims, since each attempted killing can be charged separately and sentences can run consecutively
- A vulnerable victim, such as a child or elderly person
- Prior violent felony convictions, which can also trigger habitual-offender enhancements
Plea bargaining can reduce exposure, but any agreement needs the judge’s approval, and prosecutors in attempted murder cases often resist significant concessions.
Can Probation Replace Prison?
Texas calls probation “community supervision,” and it is hard to get in an attempted murder case. The main obstacle is the deadly weapon finding. If the court determines that a deadly weapon was used or exhibited during the offense, a judge has no authority to grant community supervision. Only a jury can do so, and only after hearing the full case.4State of Texas. Texas Code of Criminal Procedure Art. 42A.054 Most attempted murder prosecutions involve a weapon, so this rule applies in the majority of cases.
When probation is granted, conditions are tight: regular reporting to a supervision officer, rehabilitation programs, community service, curfews, and travel restrictions. Any violation can result in revocation, and the judge can then impose the full original prison sentence.
When Parole Becomes Possible
How soon an inmate becomes eligible for parole depends on whether the conviction carries a deadly weapon finding. For a standard second-degree felony without special findings, eligibility generally arrives when actual time served plus good-conduct credit equals one-fourth of the sentence.
A deadly weapon finding changes that calculation. Under Government Code Section 508.145, an inmate with an affirmative deadly weapon finding must serve calendar time equal to one-half of the sentence, and good-conduct credit does not count toward eligibility.5State of Texas. Texas Government Code 508.145 – Eligibility for Release on Parole On a 20-year sentence, that is a full 10 calendar years before the parole board will even look at the file.
Eligibility is not release. The Texas Board of Pardons and Paroles weighs the circumstances of the offense, the inmate’s disciplinary record, psychological assessments, and victim impact statements. Violent cases get closer scrutiny, and many eligible inmates are denied. Those who are released must comply with parole conditions, including employment requirements and limits on contact with the victim. Violations send a parolee back to prison.
Restitution to the Victim
A court can order a convicted defendant to pay restitution as part of the sentence. Under Article 42.037 of the Code of Criminal Procedure, restitution can cover medical treatment, physical therapy, rehabilitation, lost income, and property damage caused by the offense.6State of Texas. Texas Code of Criminal Procedure Art. 42.037 – Restitution In attempted murder cases where the victim survived with serious injuries, medical bills alone can run into the hundreds of thousands of dollars.
Restitution is separate from any fine, and it survives incarceration. The defendant still owes the money after release. Courts can also order restitution to the state’s Crime Victims’ Compensation Fund if the fund already paid benefits to the victim.
Life After the Sentence
A conviction follows a person long after release.
Firearms
A convicted felon in Texas cannot legally possess a firearm for five years after release from confinement or supervision, whichever comes later. After that, possession is restricted to the person’s own home.7State of Texas. Texas Penal Code 46.04 – Unlawful Possession of Firearm Federal law goes further. Under 18 U.S.C. ยง 922(g), a felony conviction creates a lifetime ban on possessing firearms anywhere, and federal charges for violating that ban are common.
Voting
A felony conviction suspends voting rights in Texas, but not permanently. Rights are restored once the full sentence is complete, including incarceration, parole, and community supervision.8Texas State Law Library. Can a Person Convicted of a Felony Vote in Texas? On a long sentence with years of parole attached, that wait can be substantial.
Employment and Housing
A violent felony conviction appears on background checks and can disqualify someone from jobs that require state licensing. Many employers are reluctant to hire a person with an attempted murder record, and landlords routinely screen for felony convictions. Texas has no statewide “ban the box” law for private employers, so the conviction can stop an application cold.
Immigration
For non-citizens, this is often the most serious consequence of all. Federal immigration law lists “an attempt or conspiracy to commit” murder as an aggravated felony.9Legal Information Institute. 8 U.S.C. 1101(a)(43) – Definitions An aggravated felony conviction makes a person deportable, bars most forms of relief from removal, and permanently blocks re-entry to the United States.